§ 2786 — Rules and regulations; forms; report

§ 2786. Rules and regulations; forms; report. 1. The commissioner\nshall promulgate rules and regulations concerning implementation of this\narticle for health facilities, health care providers and other persons\nto whom this article is applicable. The commissioner shall also develop\nstandardized model forms to be used for informed consent for HIV related\ntesting and for the release of confidential HIV related information and\nmaterials for pre-test counseling as required by subdivision three of\nsection twenty-seven hundred eighty-one of this article, and for\npost-test counseling as required by subdivision five of section\ntwenty-seven hundred eighty-one of this article. Persons, health\nfacilities and health care providers may use forms for informed consent\nfor HIV related testing, and for the release of confidential HIV related\ninformation other than those forms developed pursuant to this section,\nprovided they contain information consistent with the standardized model\nforms developed by the commissioner. All forms developed or used\npursuant to this section shall be written in a clear and coherent manner\nusing words with common, everyday meanings. The commissioner, in\nconsultation with the AIDS institute advisory council, shall promulgate\nregulations to identify those circumstances which create a significant\nrisk of contracting or transmitting HIV infection; provided, however,\nthat such regulations shall not be determinative of any significant risk\ndetermined pursuant to paragraph (a) of subdivision four of section\ntwenty-seven hundred eighty-two or section twenty-seven hundred\neighty-five of this article.\n 2. (a) Each state agency authorized pursuant to this article to obtain\nconfidential HIV related information and the board of correction of the\ncity of New York shall, in consultation with the department of health,\npromulgate regulations: (1) to provide safequards to prevent\ndiscrimination, abuse or other adverse actions directed toward protected\nindividuals; (2) to prohibit the disclosure of such information except\nin accordance with this article; (3) to seek to protect individuals in\ncontact with the protected individual when such contact creates a\nsignificant risk of contracting or transmitting HIV infection through\nthe exchange of body fluids, and (4) to establish criteria for\ndetermining when it is reasonably necessary for a provider of a health\nor social service or the state agency or a local government agency to\nhave or to use confidential HIV related information for supervision,\nmonitoring, investigation, or administration and for determining which\nemployees and agents may, in the ordinary course of business of the\nagency or provider, be authorized to access confidential HIV related\ninformation pursuant to the provisions of paragraphs (l) and (m) of\nsubdivision one and subdivision six of section twenty-seven hundred\neighty-two of this article; and provided further that such regulations\nshall be promulgated by the chairperson of the commission of correction\nwhere disclosure is made pursuant to paragraphs (n) and (o) of\nsubdivision one of section twenty-seven hundred eighty-two of this\narticle.\n (b) The department of health, in consultation with agencies referred\nto in paragraph (a) of this subdivision, shall submit a report to the\nlegislature by December first, nineteen hundred eighty-nine, outlining\nthe status and content of such regulations, their effect on the\nregulated facilities and the protected individuals served by them, the\nextent to which they conform with current medical and scientific\nknowledge on the transmissibility of HIV infection, and any\nrecommendations for changes in said regulations.\n